To: Subject:

Prospective Quoters

American Embassy San Salvador August 2l5t, 2019

Request for Quotation number 19ES6019Q0075

Enclosed is a Request for Quotations (RFQ) for supply and local maintenance of inflatable costumes. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract/purchase order based on initial quotation, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Direct any questions regarding this solicitation in writing no later than COB August 27, 2019. Quotations are due by September 04, 2019 at 4.00pm, local time, by email to cotoab@state.gov

Sincerely,

Enclosure

eremy Peterson Contracting Officer

1. REQUISffiON NUMBER PAGE 2 OF 39

SOLICITATION FOR COMMERCIAL ITTMS /OFFEROR TO COMPLm BLOCKS 12, 17, 23, 24, & 30 PR8558083

2. CONTRACT NO. 3. AWARD/ EFFECTIVE DATE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE 19ES6019Q0075 08/ 21/ 2019

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER 8. COFFER DUE DATE/LOCAL TIME

INFORMATION CALL: Ana Beatriz Coto, GSO Procurement (No collect calls) 09/04/ 2019 @ 4.00 PM ~2t2all@~t1:.g2v 503-2501-2808

9. ISSUED BY

I 10. THIS ACQUISffiON IS X UNRESTRICTED OR 0 SET ASIDE:_%

FOR:

American Embassy San Salvador • SMALL BUSINESS 0 WOMEN-OWNED SMALL BUSINESS

Boulevard Santa Elena • HUBZONE SMALL 0 (WOSB) ELLIGIBLE UNDER THE WOMEN-Antiguo Cuscatlan, La Libertad BUSINESS OWNED El Salvador SMALL BUSINESS PROGRAM NAICS:

• SERVICE-DISABLED 0 EDWOSB

vmRAN-OWNED

SMALL BUSINESS 0 8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINATION UNLESS 12. DISCOUNT TERMS • 13a. THIS CONTRACT IS A 13b. RATING BLOCK IS RATED ORDER UNDER

MARKED DPAS (15 CFR 700) 14. METHOD OF SOLICITATION 181 SEE SCHEDULE X RFQ 0 IFB 0 RFP

15. DELIVER TO 9 16. ADMINISTERED BY CODE

American Embassy San Salvador Jeremy Peterson, Contracting Officer Boulevard Santa Elena, Antiguo Cuscatlan, La Libertad, El Salvador ~QtQ~!;)@state.g2v

17a. Contractor/Offerer CODE I I FACILITY I

18a. PAYMENT WILL BE MADE BY CODE I CODE American Embassy San Salvador

Financial Management Office

017b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 0 SEE ADDENDUM

19. 20. 21. 22. 23. 24. ITTM No. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1 "LAPITO" INFLATABLE COSTUME, ASSORTED COLORS 21 Each 2 "PAXTON" INFLATABLE MASCOT COSTUME 20 Each 3 SPIDER TENT INFLATABLE "GREAT" AND "LAP" 18 Each 4 TRAINING, CLEANING AND MAINTENANCE 02 All

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)

X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212·1, 52.212·4. FAR 52.212·3 AND 52.212-5 ARE ATTACHED. ADDENDA

X 27b.CONTRACT/ PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212·5 IS ATTACHED. ADDENDA

X ARE O ARE NOT ATTACHED

X ARE O ARE NOT ATTACHED

0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND E-MAIL TO X 29. AWARD OF CONTRACT: REF. __ Your __ OFFER DATED - - . YOUR CQtoa!l@state.gQV. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDffiONS OR SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDffiONAL SHEETS CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITTMS: SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITTD STATES OF AMERICA (SIGNA7VRE OF CONTRACTING OFFICER}

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or pnnt) 31c. DATE Jeremy Peterson SIGNED

08/ 21/2019

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE Computer Generated

STANDARD FORM 1449 (REV. 02/ 2012) Prescribed by GSA - FAR (48 CFR) 53.212

2

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet • Continuation To SF-1449, RFQ Number 19ES6019Q0075/ Prices, Block 23 • Continuation To SF-1449, RFQ Number 19ES6019Q0075, Schedule Of Supplies/Services,

Block 20 Description/Specifications/Work Statement • Attachment 1 to Description/Specifications/Statement of Work, Government Furnished

Property

Section 2 - Contract Clauses

• Contract Clauses • Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3

- Solicitation Provisions

• Solicitation Provisions • Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

• Evaluation Factors • Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Offerer Representations and Certifications

• Offerer Representations and Certifications • Addendum to Offerer Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

3

I. Scope of Services

SECTION 1 - THE SCHEDULE CONTINUATION TO SF-1449

RFQ NUMBER 19ES6019Q0075

PRICES, BLOCK 23

The Contractor shall deliver to the American Embassy San Salvador: • 21 " Lapito" Inflatable Mascot Costume, assorted colors • 20 "Paxton" Inflatable Mascot Costume • 18 "Great" and "LAP" Spider Tent • Cleaning of all 59 inflatables, twice a year • Local preventive maintenance of motors, accessories and inflatables, twice a year • Local training and technical support available 24/7, if needed

This is a firm-fixed price type of purchase order/contract. The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the American Embassy San Salvador, El Salvador. All prices are in USD.

Line Item Descriotion Unit Ouantitv

1 " Laoito" Inflatable Mascot Costume, assorted colors ea 21 2 "Paxton" Inflatable Mascot Costume ea 20 3 " Great" and "LAP" Soider Tent ea 18 4 Cleaninq of all 59 inflatables, twice a vear ea 118 5 Local preventive maintenance of motors, ea 118

accessories and inflatables, twice a year

6 Local training and technical support available 24/7. if needed all 1 Grand Total

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. Specifications

1. "Lapito" Inflatable Costume

Name "Lapito" Inflatable Mascot Costume Quantity 21 Material 1. Weight 8 g / m2 ASTM3776 OZ / YD2

2. With LAFGARD Protector Cover Textile - Repellent to liquids and others environmental factors

3. Textile Weft 20 X 22 Threads 4. 100% Polyester 5. Reauest Color to the miaration

4

Unit Total Price Price

6. Resistant to tension and strain Measure 2.10 mt heiqht Accessories 1 electric motor (fan)

1 Harness 1 Battery Charger Rechargeable 12 Amps/ 7 Volts 7 Rechargeable Batteries12 Amps Briefcase Backpack type transport.

Shirt colors Blue/gray with the PNC logo *** first sample *** ( one per color) Mustard

Navy blue Dark gray Black Light gray Red Salmon Yellow White Magenta Sky blue Maroon Purple Mint green Brown Light blue Bright yellow Light green Dark green Burqundv

2. "Paxton" Inflatable Costume

Name "Paxton " Inflatable Mascot Costume Ouantitv 20 Material 1. Weight 8 g / m2 ASTM3776 OZ / YD2

2. With LAFGARD Protector Cover Textile - Repellent to liquids and others environmental factors

3. Textile Weft 20 X 22 Threads 4. 100% Polyester 5. Request Color to the migration 6. Resistant to tension and strain

Measure 2.10 mt heiaht Accessories 1 electric motor (fan)

1 Harness 1 Battery Charger Rechargeable 12 Amps/ 7 Volts 7 Rechargeable Batteries12 Amps Briefcase Backpack type transport

5

3. Spider Tent Inflatable

Name "Great" and "LAP" Spider Tent Quantity 18 Material 1. Weight 8 g / m2 ASTM3776 OZ / YD2

2. With LAFGARD Protector Cover Textile - Repellent to liquids and others environmental factors

3. Textile Weft 20 X 22 Threads 4. 100% Polyester 5. Request Color to the migration 6. Resistant to tension and strain

Measure 4 x 4 meters per side x 3.5 meters high Internal Electric Electric Motors Turbine • V. 110

• 0.5 to 1.5H.P. Power according to size of Inflatable • Continuous Work Engine • Hz 60 • R.P.M. 3450

4. Inflatable costumes Cleaning, twice a year

Name Inflatable Costume Cleaning Quantity 82 Material Antibacterial Cleaning of Inflatable Costume and briefcase. Includes labor.

5. Local Preventive Maintenance of Accessories and Inflatable Costumes, twice a year

Name Preventive Maintenance of Accessories and Inflatable Costume Quantity 82 Material Preventive Maintenance of Accessories:

- Battery Charge Review - Check and Clean Engine - Battery Charqer Review

6. Spider Tent Cleaning, twice a year

Name Spider Tent Cleaning Quantity 36 Material Cleaning of Spider Tent and briefcase

6

7. Local Spider Tent Motors Preventive Maintenance, twice a year

Name Motors Preventive Maintenance Quantity 36 Material Includes:

- Cleaning - Electric check - Labor

Training and technical support services will be performed at the following address: Centro Comercial Villas Espanolas Local B13-14 Paseo General Escalon, San Salvador, El Salvador

These services must include support twenty-four (24) hours a day, seven (7) days a week if needed, in order to immediately repair the inflatable.

Delivery time of inflatables: 45 days after award.

Graphic designs and logos available on Attachment A.

II. Delivery Location and Time

A. The Contractor shall deliver all ordered items to the American Embassy San Salvador: Boulevard Santa Elena, Antigua Cuscatlan La Libertad, El Salvador

B. The Contractor shall deliver all items not later than 45 days after date of contract award.

C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Office a/o INL Point of Contact will be responsible for instructing contractor personnel at the time deliveries are made, prior notice of at least 3 days in advance.

D. Delivery shall be made between 1.30pm thru 4.00pm, Monday thru Thursdays.

7

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDffiONS - COMMERICAL ITEMS (OCT 2018), AND (DEVIATION 2017-02) (JUNE 2017) is incorporated by reference.

(See SF-1449, block 27a).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77

and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)). _ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (3a) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (Apr 2014)

_X_ ( 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_ (5) [Reserved]. _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,

section 743 of Div. C). _ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

8

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101

note). _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313). _ (10) [Reserved]. _ (ll)(i) 52.219-3. Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a). _ (ii) Alternate I (Nov 2011) of 52.219-3.

_ (12)(i) 52.219-4. Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (JAN 2011) of 52.219-4. _ (13) [Reserved] _ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011). _ (iii) Alternate II (Nov 2011).

_ (15)(i) 52.219-7. Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644). _ (ii) Alternate I (Oct 1995) of 52.219-7. _ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2)and (3)).

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). _ (ii) Alternate I (Nov 2016) of 52.219-9. _ (iii) Alternate II (Nov 2016) of 52.219-9. _ (iv) Alternate III (Nov 2016) of 52.219-9. _ (v) Alternate IV (Aug 2018) of 52.219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). · _ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637( d)( 4)(F)(i)). _ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) ( 15 U.S.C. 657 f) . _ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)). _ (23) 52.219-29. Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ( 15 U.S.C. 637{m)). _ (24) 52.219-30. Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018)

(E.O. 13126). _ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

9

(28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). (ii) Alternate I (JULY 2014) of 52.222-35.

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36. _ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627). _ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA­Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

_ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of 52.223-13. _ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514). _ (ii) Alternate I (Jun 2014) of 52.223-14.

_ (40) 52.223-15. Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

_ (41)(i) 52.223-16. Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ ( 42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.0. 13513). _ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). _ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). _ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

_ (ii) Alternate I (JAN 2017) of 52.224-3. _ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). _ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

10

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_ (ii) Alternate I (May 2014) of 52.225-3. _ (iii) Alternate II (May 2014) of 52.225-3. _ (iv) Alternate III (May 2014) of 52.225-3.

_ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

_X_ ( 49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (52) 52.226-5. Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 u.s.c. 5150).

_X_ (53) 52.232-29. Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 u.s.c. 4505. 10 u.s.c. 2307(f)).

_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 u.s.c. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

_ (56) 52.232-34. Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _ (59) 52.242-5. Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)). _ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241Cb) and 10 U.S.C. 2631). _ (ii) Alternate I (APR 2003) of 52.247-64. _ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ Contracting Officer check as appropriate.] _ (1) 52.222-17. Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). _ (3) 52.222-42. Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206and 41 U.S.C. chapter 67). _ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

II

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). _ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 u.s.c. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the

provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, unti l 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the

12

subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-§ .

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

13

ADDENDUM TO CONTRACT CLAUSES FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.qov/far/index.html or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at https://www.ecfr.gov/cqi-bin/text­idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tp1=/ecfrbrowseffit1e48/48chapter6. 1Ql to see the links to the FAR. You may also use an Internet "search engine" (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference:

CLAUSE

52.203-17

52.204-13

52.204-18

52.225-14

52.228-5

52.229-6

52.232-39

illLE AND DATE

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

The following DOSAR clauses are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

14

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. "John Smith, Office of Human Resources, ACME Corporation Support Contractor'');

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. Please attached a copy of this Purchase Order (on PDF format) together with the invoice and email it to: SanSalvadorFMO-DBO@state.gov The subject of the email shall include the vendor's name and PO Number. The Financial Dept. will acknowledge the receipt of your email. Please send your inquiries about payments to the same address.

( c) Contractor Remittance Address. The Government will make payment to the contractor's address stated on the cover page of this contract, unless a separate remittance address is shown below:

(End of clause)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

15

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

(End of clause)

16

FAR 52.212-1

SECTION 3 - SOLICITATION PROVISIONS

INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2018), is incorporated by reference (see SF-1449, Block 27A)

ADDENDUM TO 52.212-1

Instructions to Offeror. Each offer must consist of the following:

1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.

2 List of clients over the past 3 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services in El Salvador then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client's contact person. In addition, the client's contact person may be asked to comment on the offeror's:

• Quality of services provided under the contract; • Compliance with contract terms and conditions; • Effectiveness of management; • Willingness to cooperate with and assist the customer in routine

matters, and when confronted by unexpected difficulties; and • Business integrity/ business conduct.

The Government will use past performance information primarily to assess an offeror's capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror's work experience. The Government may also use this data to evaluate the credibility of the offeror's proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.

3 Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;

4 The offeror shall address its plan to obtain all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided.

5 The personnel involved in the service should comply with at list, insurance in ISSS and AFP, as stated by the local law.

6 The offeror's strategic plan for supply and provide maintenance of the inflatables, to include but not limited to:

17

(a) A work plan taking into account all work elements in Section 1, Performance Work Statement.

(b) Identify types and quantities of equipment, supplies and materials required for performance of services under this contract. Identify if the offerer already possesses the listed items and their condition for suitability and if not already possessed or inadequate for use how and when the items will be obtained;

(c) Plan of ensuring quality of services including but not limited to contract administration and oversight; and

(d) (1) If insurance is required by the solicitation, a copy of the Certificate of Insurance(s), or (2) a statement that the Contractor will get the required insurance, and the name of the insurance provider to be used.

FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (AUG 2018), is incorporated by reference (See SF-1449, block 27a).

ADDENDUM TO SOLICITATION PROVISIONS FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://acquisition.qov/far/index.html! or http://farsite.hill.af.mil/search.htm.

These addresses are subject to change. IF the FAR is not available at the locations indicated above, use of an Internet "search engine" (for example, Google, Yahoo or Excite) is suggested to obtain the latest location of the most current FAR provisions.

The following Federal Acquisition Regulation solicitation provisions are incorporated by reference:

PROVISION mLE AND DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

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52.225-25 PROHIBmON ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVmES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (DEC 2012)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AOMCom petitionAdvocate@state.gov.

(2) For all others, the Department of State Advocate for Competition at cat@state.gov.

(b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contract.ing activity ombudsman, Holly Peirce, at PeirceMH@state.gov. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (NOPE), Suite 1060, SA-15, Washington, DC 20520.

(End of provision)

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SECTION 4 - EVALUATION FACTORS

• Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.

• The Government reserves the right to reject proposals that are unreasonably low or high in price.

• The lowest price will be determined by multiplying the offered prices times the quantities in "Prices - Continuation of SF-1449, block 23", and arriving at a grand total, including all options, if any.

• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.

• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

• adequate financial resources or the ability to obtain them; • ability to comply with the required performance period, taking into consideration all

existing commercial and governmental business commitments; • satisfactory record of integrity and business ethics; • necessary organization, experience, and skills or the ability to obtain them; • necessary equipment and facilities or the ability to obtain them; and • be otherwise qualified and eligible to receive an award under applicable laws and

regulations.

ADDENDUM TO EVALUATION FACTORS FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12

The following FAR provisions are provided in full text:

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMEROAL ITEMS (OCT 2018)

The Offerer shall complete only paragraph (b) of this provision if the Offerer has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offerer has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c)

through (u)) of this provision. (a) Definitions. As used in this provision-" Economically disadvantaged women-owned small business (EDWOSB) concern" means a

small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible

under the WOSB Program. "Highest-level owner" means the entity that owns or controls an immediate owner of the

offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offerer. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs)

1000-9999, except-(!) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place

of reassembly is not the place of manufacture.

2 1

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(!) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan; ( 4) Consist of providing goods or services to an internationally recognized peacekeeping

force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or

education; or (6) Have been voluntarily suspended.

"Sensitive technology"-(!) Means hardware, software, telecommunications equipment, or any other technology

that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"­(!) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. ·101(2). with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

( 1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

22

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (l)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned­(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name ( often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-(!) That is at least 51 percent owned by one or more women; or, in the case of any

publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(l) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b )(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and

23

applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4. 1201 , except for paragraphs _ _ __ _

[ Offeror to idenbfy the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, tf any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current accurat~ and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it • is, • is not a small business concern.

(2) Veteran-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents as part of its offer that it • is, • is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only tf the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it • is, • is not a service-disabled veteran-owned small business concern.

( 4) Small disadvantaged business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, that it • is, • is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

( 5) Women-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that it • is, • is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(S) of this provision.] The offeror represents that-

(i) It • is,• is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It • is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ____ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It • is, • is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

24

(ii) It • is, • is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [ The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [ Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that it • is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ______________ _

(10) HUBZone small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c){l) of this provision.] The offeror represents, as part of its offer, that-

(i) . It • is, • is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It • is, • is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(lO)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ____ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-

(i) It • has, • has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It • has, • has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-

(i) It • has developed and has on file, • has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It • has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or

25

employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offerer with respect to this contract, the offerer shall complete and submit, with its offer, 0MB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offerer need not report regularly employed officers or employees of the offerer to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offerer has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[ List as necessa~

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(l) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements- Israeli Trade Act, is included in this solicitation.)

(i) The offerer certifies that each end product, except those listed in paragraph (g)(l)(ii) or (g)(l)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The offerer certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act":

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Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[ List as necessam

(iii) The offeror shall list those ~upplies that are foreign end products (other than those listed in paragraph (g)(l)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:

Line Item No. Country of Origin

[ List as necessam

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate/ Alternate 1 If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements­Israeli Trade Act": Canadian End Products:

Line Item No.

[ List as necessam

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate/ Alternate fl If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

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(g)(l)(ii) The offerer certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American­Free Trade Agreements-Israel i Trade Act": Canadian or Israeli End Products:

Line Item No. Country of Origin

[ List as necessam

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate/ Alternate Ill If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:

(g)(l)(ii) The offerer certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[ List as necessam

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offerer certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.5.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offerer shall list as other end products those end products that are not U.S.­made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[ List as necessam

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(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the wro GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals­

(!) • Are, • are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) • Have, • have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) • Are, • are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) • Have, • have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined The liability is finally determined if it has

been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212,

which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax

29

liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [ The Contracting Officer must list in paragraph (i)(l) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.lS0J(b).]

( 1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(l) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

• (i) The offeror will not supply any end product listed in paragraph (i)(l) of this provision that was mined, produced, or manufactured in the corresponding country as listed for

that product. • (ii) The offeror may supply an end product listed in paragraph (i){l) of this provision

that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(!) • In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) • Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor

Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ The contracting officer is to check a box to indicate if paragraph (k)(l) or (k)(2) applies.]

• (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(l). The offeror • does • does not certify that-

30

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror ( or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

• (2) Certain services as described in FAR 22.1003-4(d)(l). The offeror • does • does not certify that-

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(l) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(l) or (k)(2) and the

Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(l) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(I) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C 7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d). reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offerer's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (7IN).

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D TIN:-------------• TIN has been applied for. • TIN is not required because: • Offeror is a nonresident alien, foreign corporation, or foreign partnership that does

not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

• Offeror is an agency or instrumentality of a foreign government; • Offeror is an agency or instrumentality of the Federal Government.

( 4) Type of organization. o Sole proprietorship; • Partnership; • Corporate entity (not tax-exempt); • Corporate entity (tax-exempt); • Government entity (Federal, State, or local); • Foreign government; • International organization per 26 CFR 1.6049-4; • Other _ ____________ _

( 5) Common parent • Offeror is not owned or controlled by a common parent; • Name and TIN of common parent:

Name _____________ _

TIN _____________ _ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies

that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The Offeror represents that-(i) It • is, • is not an inverted domestic corporation; and (ii) It • is, • is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of I ran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

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(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (SO U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center /sanctions/SON-List/Pages/ default.aspx).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(9) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.

(1) The Offerer represents that it • has or o does not have an immediate owner. If the Offerer has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offerer indicates "has" in paragraph (p )(1) of this provision, enter the following information:

Immediate owner CAGE code: _ ______ _ Immediate owner legal name: ________ _ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: • Yes or • No.

(3) If the Offeror indicates "yes" in paragraph (p )(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ________ , Highest-level owner legal name: _____ ___ , (Do not use a "doing business as" name) ( q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction

under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency

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has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that-(i) It is • is not • a corporation that has any unpaid Federal tax liability that has been

assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(ii) It is • is not • a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)

(1) The Offeror represents that it • is or • is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(2) If the Offeror has indicated "is" in paragraph (r)(l) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ___ (or mark "Unknown'') Predecessor legal name: _________ _ (Do not use a "doing business as" name) (s) [Reserved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all

solicitations that require offerors to register in SAM (12.301(d)(l)). (1) This representation shall be completed if the Offeror received $7.5 million or more in

contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [ Offeror to check applicable block(s) in paragraph (t)(2)(i) and (i!)J . (i) The Offeror (itself or through its immediate owner or highest-level owner) • does, •

does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) • does, • does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i. e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: ______ _

(u)(l) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to

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report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(2) The prohibition in paragraph (u)(l) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offerer represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

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Attachment A

Spider Tent: 2 Great logos, 2 LAP logos

Paxton inflatable costume:

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Lapito inflatable costume:

Blue/gray with the PNC logo in the right sleeve, LAP logo in the upper left front: LAP logo on the shorts

All other assorted colors: LAP logo throughout the center of the shirt, LAP logo on the shorts

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38

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